MEAC 2012-010

The Question:

A family law mediation was held through the court mediation program. Both parties were represented by counsel. A partial agreement was reached and the mediator prepared the mediation report and agreement. The attorneys, parties and mediator signed the Mediation Report that a partial agreement was reached and set forth the remaining issues to be adjudicated by the Judge. The parties a..’1d attorneys left the courthouse as it was after 5:00 p.m. The attorneys and parties had left the mediation with the understanding that they had signed the mediation report and mediation agreement. The mediator made copies of the report and agreement and discovered that one of the parties and their attorney had not signed the Agreement. All parties and their attorneys had initialed each page of the Mediation Agreement. The mediator called the attorney that had not signed the agreement and immediately took the agreement to the attorney for signatures. The attorney told the mediator that the client had already left town but would be back the next day to sign that it was not a problem it was only an oversight. The attorney signed the original mediated agreement. The mediator checked with the attorney the next week and found out that the client would not sign the agreement now, but just wanted a few minor changes and a letter was being sent to the other attorney regarding the changes …

FULL TEXT MEAC

NEW MEAC OPINION 2013-001 Failure to Return Executed Agreement After Verbally Agreeing to do So

The New MEAC Opinion seeks to advise on the below listed question that arises as a procedural and ethical dilemma. To review the entire MAC Opinion, follow the link provided.

“Is it a breach of confidentiality for a certified mediator or the mediation unit to report to
the court that a party, appearing telephonically or by some other electronic means pursuant to a
Court order, who fully participated in the mediation which resulted in an agreement, but violated
the order for telephonic appearance by failing to return a mediation agreement for which said
party gave verbal consent to prepare and verbally agreed to sign?”

Full Text MEAC Opinion